Best Employment & Labor Lawyers in Borgholm

About Employment & Labor Law in Borgholm, Sweden

Employment and labor law in Borgholm is governed primarily by Swedish national law, collective bargaining agreements, and EU rules. Borgholm is a municipality on the island of Öland with a labor market that includes municipal services, healthcare and care work, hospitality and tourism, agriculture, retail, and small to medium sized businesses. While rules are national, how they apply in practice can be influenced by local collective agreements and sector norms. Sweden has no statutory minimum wage. Pay and many working conditions are set by collective bargaining agreements known as kollektivavtal. Core statutes include the Employment Protection Act, the Co-determination Act, the Work Environment Act, the Discrimination Act, the Working Hours Act, and the Annual Leave Act.

Why You May Need a Lawyer

You may need legal assistance if you are facing termination or redundancy, if your employer is restructuring and you want to understand your priority rights, or if you believe you have been discriminated against or harassed. Legal advice is also helpful when negotiating or reviewing employment contracts and non-compete clauses, when dealing with long-term sickness absence and rehabilitation obligations, when there are disputes about unpaid wages, overtime, or holiday pay, or when you need guidance on parental leave, part-time work, or flexible working arrangements. Employers often seek legal counsel regarding collective bargaining, co-determination consultations, data privacy and employee monitoring, workplace investigations, whistleblowing procedures, and compliance with health and safety obligations. In Borgholm, where seasonal and fixed-term work is common in hospitality and agriculture, questions about conversion to permanent employment, scheduling, and termination of probationary or fixed-term contracts arise frequently. A lawyer can also represent you in union or court proceedings and ensure deadlines are met.

Local Laws Overview

Employment Protection Act LAS sets rules on hiring, probation, termination for personal reasons and redundancy, notice periods, priority for re-employment, and conversion from fixed-term to permanent employment. Following reforms in 2022, terminations require objective reasons known as sakliga skäl. Disputes over a termination no longer automatically keep the employment in force beyond a limited time, and small employers may exempt up to three employees from the last-in first-out order in redundancy. Särskild visstidsanställning replaced general fixed-term employment and can convert to permanent after 12 months within a five-year period. Agency workers may have rights to an offer of permanent employment or compensation after 24 months at the same workplace.

Co-determination Act MBL regulates the rights of unions to information and negotiation. Employers must consult on significant changes and respect the peace obligation during the term of a collective agreement. Many Borgholm workplaces are covered by kollektivavtal which set pay, overtime premiums, scheduling rules, and additional leave benefits. If a collective agreement applies, it will often govern in detail.

Work Environment Act AML requires employers to ensure a safe and healthy work environment through systematic work environment management known as SAM. Safety representatives skyddsombud have strong rights, and serious incidents must be reported. Employers have a rehabilitation duty to support employees’ return to work after illness or injury.

Discrimination Act prohibits discrimination, harassment, and sexual harassment on grounds of sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation, and age. Employers must work preventively and investigate reports promptly. Equal pay work and active measures are required.

Annual Leave Act guarantees a minimum of 25 days of paid vacation per year. Vacation pay is often 12 percent of qualifying pay if not otherwise regulated. Working Hours Act sets the framework for normal working time, daily and weekly rest, and overtime limits, with specific terms often set in collective agreements.

Parental Leave Act provides extensive leave and protection against unfavorable treatment or dismissal due to pregnancy or parental leave. Social insurance through Försäkringskassan covers sickness benefits after the employer sick pay period and parental benefits. Whistleblower protections require employers with 50 or more employees to have internal reporting channels and prohibit reprisals. GDPR applies to HR data, monitoring, and background checks, and may require consultation under MBL.

Frequently Asked Questions

What notice period applies if my employer terminates my employment

Under LAS, the employer’s notice period depends on your length of service and ranges from 1 month for less than 2 years of service up to 6 months after 10 years. Collective agreements or your contract can provide for longer periods. If you resign, the default is 1 month unless otherwise agreed.

Can I be dismissed during probation

Probationary employment provanställning can last up to 6 months. Either party can end it, but employers must notify 2 weeks in advance and consult the union if you are a member. If probation is not ended before it expires, the employment converts to permanent. Even during probation, dismissals may not be discriminatory or retaliatory.

What are the rules for redundancy and last-in first-out

In redundancy lack of work situations, selection usually follows the last-in first-out principle within a redundancy unit, provided the remaining roles are within your qualifications after reasonable training. Employers with up to 15 employees can exempt up to three employees who are considered particularly important. You may have a priority right to re-employment for 9 months if you have sufficient service time and qualifications.

How does sick pay work

The employer pays sick pay at 80 percent for days 2 through 14, subject to a qualifying deduction karensavdrag. From day 15, Försäkringskassan pays sickness benefit if you qualify. A medical certificate is typically required from day 8, and employers must work with you on rehabilitation and adaptations as needed.

Do I have a right to overtime pay

There is no statutory overtime rate, but the Working Hours Act limits overtime and most collective agreements provide overtime premiums, often 50 to 100 percent depending on timing. If you are not covered by a collective agreement, your contract governs. Senior managers may have compensation included in salary instead of separate overtime pay.

What are my vacation rights

You are entitled to at least 25 days of vacation per year under the Annual Leave Act. Vacation pay is normally at least 12 percent of qualifying pay unless a collective agreement provides a different calculation. You usually have the right to a continuous vacation period of at least four weeks during June through August, subject to operational needs and agreement.

How do fixed-term contracts convert to permanent

Särskild visstidsanställning converts to permanent after 12 months of employment within a five-year period with the same employer. Days worked accumulate even if intermittent. Previous rules required 24 months. Agency workers may also gain rights after long assignments at the same workplace.

What should I do if I experience discrimination or harassment

Report it to your employer or HR promptly so they can investigate and take measures. You can also contact your union, the Equality Ombudsman DO, or a lawyer. The Discrimination Act prohibits discrimination and requires employers to prevent and address harassment and sexual harassment. Retaliation for reporting is prohibited.

Are non-compete clauses enforceable

Non-competes must be necessary to protect legitimate business interests and be reasonable in scope, duration, and compensation. Sectoral agreements often limit duration and require compensation, commonly around 60 percent of salary during the restriction, with strict maximum durations. Unreasonable clauses can be invalid or adjusted by a court.

I received a termination notice that I think is wrongful. How fast must I act

Deadlines in Swedish labor law are short. To challenge a termination or a summary dismissal you often must object within one to two weeks, and further deadlines apply for negotiations and lawsuits. Contact your union or a lawyer immediately to preserve your rights.

Additional Resources

Swedish Public Employment Service Arbetsförmedlingen for job seeking support and employer services.

Swedish Work Environment Authority Arbetsmiljöverket for guidance on health and safety and reporting serious incidents.

Equality Ombudsman DO for discrimination guidance and complaints.

Försäkringskassan for sickness and parental benefits information.

Swedish Migration Agency Migrationsverket for work permit and visa matters.

Swedish National Mediation Office Medlingsinstitutet for collective bargaining and mediation information.

Labor Court Arbetsdomstolen for case law and information on court procedures in labor disputes.

Swedish Bar Association Advokatsamfundet for finding licensed lawyers.

Local trade unions such as Unionen, IF Metall, Kommunal, and HRF Hotel and Restaurant Union for representation and advice.

Employer organizations such as Svenskt Näringsliv and Visita for employer guidance and templates.

Borgholm Municipality HR for municipal employment policies and contacts if you work for the municipality.

Next Steps

Start by collecting your documents. Gather your employment contract, any collective agreement that applies, policies, handbooks, pay slips, schedules, emails, warnings, medical certificates, and meeting notes. Create a timeline of events and note key dates, especially any termination or warning dates and deadlines mentioned.

Check whether a collective agreement applies. Ask HR or your manager for the exact agreement name. Many rights and procedures in Sweden are determined by the kollektivavtal, including pay scales, overtime rules, and dispute procedures.

Contact your union quickly if you are a member. Unions can request negotiations under MBL, help preserve deadlines, and represent you in discussions with the employer. If you are not a member, consider consulting a labor lawyer without delay.

Do not miss limitation periods. Challenges to terminations and certain damages claims have strict and short time limits. Acting within one to two weeks can be crucial, and later steps also have set deadlines.

Keep communicating in writing and stay professional. Confirm important conversations by email, ask for written reasons for decisions, and request minutes from meetings. This helps build a clear record.

Consider interim solutions. If you are off sick, apply to Försäkringskassan in time. If you were made redundant, register with Arbetsförmedlingen promptly. If you are on parental leave or expect to be, inform your employer according to policy and statute.

Seek tailored legal advice. This guide is general information, not legal advice. For a strategy that fits your situation in Borgholm, speak with a lawyer who handles Swedish employment matters. Bring your documents and timeline to make the most of the consultation.